Last week, the attorneys at our law firm asked the Colorado Supreme Court to review a Colorado Court of Appeals decision in Reigel, et al v. SavaSeniorCare, et al.

The issues on appeal sought to be reviewed by the Supreme Court include whether a family in Colorado has the right to bring a lawsuit under the “loss of chance” doctrine. The “loss of chance” doctrine involves the right of a plaintiff to sue for an increased risk of harm or the loss of a chance of medical treatment caused by a medical provider’s negligence. The doctrine has been recognized in 22 states.

The Reigels also sought review of the Court of Appeal’s finding that the nursing home did not engage in extreme and outrageous conduct with regard to Mrs. Reigel, who repeatedly asked to have her husband transferred from the nursing home to a hospital while he was having a heart attack, and was refused. The Court of Appeals held, among other things, that since the nursing home staff did not actually know Mr. Reigel was having a heart attack, their conduct was not outrageous, even though their conduct was probably reckless.

The Colorado Supreme Court must now decide whether to take the Reigel’s case on appeal.